Ex parte DAVID E. WELSH et al. - Page 4




          Appeal No. 96-0706                                                          
          Application 08/185,756                                                      


               joined thereto.  However, the balance weight is                        
               described as being formed from a material having a                     
               "higher density" than aluminum.  Further, the molten                   
               aluminum is described in the specification as                          
               originally filed as being applied such that a small                    
               amount of the material overflows the aperture so as to                 
               form a "cap" or "rivet-like weld" to retain the body of                
               the balance weight on the aluminum drive shaft.  Thus,                 
               it is also clear to me that the term "higher density"                  
               indicates that the specific metal (such as steel) used                 
               to form the body of the balance weight is not only                     
               heavier per unit volume than aluminum, but also                        
               possesses a higher melting temperature than aluminum.                  
               The aluminum welding material does not and cannot melt                 
               any portion any portion [sic] of a balance weight made                 
               from such a "higher density" material.  Any person                     
               having ordinary skill in the metallurgical art would                   
               easily comprehend this inherent result from the                        
               specification of the application as originally filed.                  
                    6.   It follows, therefore, that the aluminum                     
               welding material does not and cannot cause any                         
               substantial deformation of any portion of the body of                  
               the balance weight.  Much like when hot water is poured                
               into a glass, the temperature of the molten aluminum                   
               welding material is simply too low to cause any melting                
               of the "higher density" material, such as steel, which                 
               forms the body of the balance weight.  Without any such                
               melting, there can be no substantial deformation of the                
               body of the balance weight.                                            
                    7.   Consequently, it is clear to me that the                     
               aluminum welding material which extends over the                       
               portion of the second end of the body (forming the so-                 
               called cap) must provide the sole structure for                        
               retaining the body of the balance weight on the surface                
               of the aluminum drive shaft.  This must be the result,                 
               inasmuch as there is no melting of the balance weight                  
               body and, therefore, no welding between the aluminum                   
               drive shaft and the balance weight body.  Absent the                   
               cap structure, it is clear to me that the balance                      
               weight body would simply fall off of the drive shaft.                  
               The presence of the aluminum welding material within                   

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